Justification and Approval.pdf

April 2019

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SIMPLIFIED ACQUISITION PROCEDURES (SAP) FAR 13.106-1(b)

SOLICITATIONS MAY BE LIMITED TO ONE SOURCE ONLY IF THE CONTRACTING OFFICER DETERMINES THAT ONLY ONE SOURCE IS REASONABLY AVAILABLE. THIS DETERMINATION MUST BE SUPPORTED WITH FULL JUSTIFICATION FOR SOLE SOURCE FROM THE CUSTOMER. WHEN THE CUSTOMER DESCRIBES AN ITEM WITH A PURCHASE DESCRIPTION WHICH LIMITS THE AVAILABILITY TO ONE SOURCE, THE JUSTIFICATION MUST EXPLAIN WHY THE ITEM IS THE ONLY ONE THAT WILL MEET THE GOVERNMENT’S REQUIREMENT. STATEMENTS SUCH AS "ONLY KNOWN SOURCE" OR "ONLY SOURCE WHICH CAN MEET THE REQUIRED DELIVERY DATE" ARE INADEQUATE TO SUPPORT A SOLE SOURCE

PURCHASE.

PURCHASE REQUEST OR REQUISITION

NUMBER

PROJECT/TASK

NUMBER

ESTIMATED AMOUNT (Over Micro-Purchase Threshold, but up to the SAT)

IDENTIFICATION OF THE AGENCY AND THE CONTRACTING OFFICE, AND SPECIFIC IDENTIFICATION OF THE DOCUMENT AS A “JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION.” PLEASE CITE THE AUTHORITY AND TYPE OF

JUSTIFICATION.

The United States Coast Guard (USCG), Aviation Logistics Center (ALC), Engineering Services Division (ESD) anticipates the award of a firm-fixed price purchase order on a brand-name basis. This justification for other than full and open competition is submitted for approval in accordance with (IAW) Federal Acquisition Regulation (FAR) 6.303-1(a) using the authority in FAR 6.302-1(b) – Brand Name or Equal will be used for this requirement.

BRIEF DESCRIPTION OF SUPPLIES OR SERVICES REQUIRED, AND THE INTENDED USE.

ESD intends to purchase the item shown in the table below on a brand-name basis and require that vendors provide traceability to the Original Equipment Manufacturer (OEM) if they are not the OEM.

Quantity

Nomenclature

Part Number (PN)

1 Each w/Option for 1 more

Cart, Engine Maintenance, NSN: 1730-01-342-0937

2C90504G01

The Engine Maintenance cart is used as a support cart during engine maintenance. It is used for holding the engine during maintenance operations allowing the engine to be rotated for easy access.

UNIQUE CHARACTERISTICS THAT LIMIT AVAILABILITY TO ONLY ONE SOURCE, WITH THE REASON NO OTHER SUPPLIES

OR SERVICES CAN BE USED.

The Engine Maintenance Cart to be purchased under this acquisition is highly specialized and has been specifically designed and manufactured for use with the CASA engines when using to build-up or teardown the engine. It is used for holding the engine during maintenance operations allowing the engine to be rotated for easy access. JM Kusch Manufacturing Corporation CAGE Code 65056 is the OEM of this cart. As the OEM, JM Kusch owns all rights to the technical data, specifications, and drawings required for the manufacture of this cart. The rights to the technical data necessary in order to acquire this cart from sources other than the OEM or an OEM approved source are not owned by the Government and it has been determined that it is uneconomical to purchase these rights.

April 2019

A DESCRIPTION OF EFFORTS MADE TO ENSURE THAT QUOTATIONS OR OFFERS ARE SOLICITED FROM AS MANY

POTENTIAL SOURCES AS PRACTICABLE (INCLUDE YOUR MARKET RESEARCH EFFORTS HERE).

Extensive market research was conducted using both Government and commercial sources. This included querying the following information systems and web sites: Defense Logistics Agency (DLA) Federal Logistics Information Service (WebFLIS); Department of Defense Electronic Mall (DoD EMall); General Services Administration (GSA) Advantage online purchasing service; Inventory Locator Service e-marketplace (ILSmart); internet search engines; and the OEM’s web site. These items are not available from any required or optional source of supply IAW FAR 8.002. JM Kusch sells directly to the Government. A combined synopsis/solicitation will be posted to the Contract Opportunities web site at https://beta.sam.gov/ IAW FAR 5.101(a)(1). The OEM and authorized distributors will be notified of this posting to FBO. All responsible sources may submit a quotation which shall be considered by the agency.

REASON THAT SUGGESTED SOURCE IS THE ONLY SOURCE WHICH CAN PROVIDE THE SUPPLIES OR SERVICES.

The USCG is conducting a brand-name acquisition. Any offeror that is able to provide the brand name item and part number including the ability to submit documentation showing clear traceability to the OEM or to demonstrate that they are a distributor officially authorized by the OEM will be considered for award.

EXPLAIN WHY AN ADEQUATE PURCHASE DESCRIPTION OR OTHER INFORMATION SUITABLE TO SOLICIT BY FULL AND

OPEN COMPETITION HAS NOT BEEN DEVELOPED OR ARE NOT AVAILABLE.

The item to be purchased is complex and must meet critical operational and reliability requirements, the achievement of which require unique production techniques and extensive and/or sophisticated testing.

The Government does not own or possess any rights to the technical data, specifications, and drawings required to manufacture this item. JM Kusch has not licensed the technical data rights required to manufacture this kit to any other commercial vendors; therefore, there are no other sources capable of its manufacture. In addition, the Government has not developed the technical data required to reverse engineer this kit and has no plans to do so.

PROVIDE A STATEMENT OF ACTIONS, IF ANY, THE GOVERNMENT MAY TAKE TO REMOVE OR OVERCOME ANY

BARRIERS TO COMPETITION BEFORE FUTURE ACQUISITIONS ARE REQUIRED.

As previously stated, the Government does not own or possess any rights to the technical data, specifications and drawings required to manufacture this item which has prevented the USCG from being able to provide an adequate technical description to potential new sources. Therefore, it is difficult to take steps to foster competition when the manufacturing, performance, and acceptance data are proprietary to the OEM.

SIGNATURE AND TITLE OF CUSTOMER

CODE

TELEPHONE NUMBER

DATE

SIGNATURE OF CONTRACTING OFFICER

CODE

TELEPHONE NUMBER

DATE